When it comes to finances and divorce, there is one topic that is more stressful and more emotional for parties to resolve than any other. Whether you call it spousal support or alimony during a divorce, California couples needing to come to an agreement that will require one ex-wife or husband to pay money to the other ex-spouse to support their lifestyle is challenging.
What is the real purpose of alimony in California and how does it work?
Alimony is intended to help the lower earning spouse in making the transition from married to single. To give them some time to get back on their feet and become self-sufficient after the split. How long that will take is a matter of much debate as it depends on how long you and your spouse were married – the answer might be never!
Alimony guidelines only apply to the temporary support payments.
In regards to child support, there is a mathematical formula that outputs a specific minimum amount each party should pay to support their children. And reasonably clear guidance on when it will finish. So at least divorcing couples have a good foundation from which to start their negotiations about that issue. But in the state of California, despite there being a guideline for the temporary spousal support, the amount of alimony you give or receive, and for how long it will last when your divorce is final, is left open for negotiation.
Do not forget about cost of living.
As if figuring out alimony in California was not difficult enough, there is yet another factor you need to bring into the mix. And that is the cost of living. Given the sheer size of California, the cost of living can vary widely from county to county or even town to town.
Finding an amount of alimony is just one piece of a larger picture.
Despite what you have heard about alimony in California after ten years, there is no set formula for finding out how many years you need to be married to get alimony in California or for how long it will last.
Click here to learn about divorce laws in California!
What if you have kids?
You might have heard that California alimony amounts are based in part on the net income of the paying party. This means if you have minor children and there is child support involved, that will lower the amount of net income available to pay alimony. Now in a few states, alimony needs to be determined first before a child support amount. But in the state California, it is the opposite. Alimony could only be determined once a child support award has been agreed upon in California.
Many people think of the check in the mail approach.
But there are more creative ways to resolve this because some people just do not like paying the alimony. For instance, you and your spouse can agree that in exchange for not getting that monthly check in the mail, one of you will take a larger share of the community property to offset the amount of support that would have been paid out over time.
Do you have a question about alimony laws in California? Click here to contact Von Esch Law today!
Courtesy of Cuselleration